Thursday, February 9, 2017

Parties in interest in the enforcement of a contract

Is a plaintiff in a case for enforcement of contract which was for the benefit of another a real party in interest in that case?

Plaintiff is not affected by defendant's alleged intrusion on the right of way which was the subject of a condition in their deed of sale. They must show that they stand to be injured or benefitted by the outcome of the case. Can the Deed of Absolute Sale be a source of any right in their favor?

Under the Rules, an action for specific performance, like any other civil action, must be instituted by the real party in interest.

In Goco vs. Court of Appeals (G.R. No. 157449, April 6, 2010): “One having no material interest to protect cannot invoke the jurisdiction of the court as the plaintiff in an action. When the plaintiff is not the real party in interest, the case is dismissible on the ground of lack of cause of action.”

If in case the party who has the sole interest in this case has already abandoned de facto his property (dominant estate) in the said area long before the use of part of the pathway by defendant, plaintiff clearly has no right to assert something which the supposed beneficiary has already abandoned. Defendants is no longer under any obligation to provide a right of way in any size or width because of the change in circumstance which annuls the crux of the original agreement being sought to be enforced.

Moreover, the Deed of Absolute Sale is precisely named so because it attaches no conditions for which the conveyance was made. While plaintiff wanted to make sure that the existing right of way  she has with the beneficiary will be respected by the new owner (buyer), such agreement cannot be considered sine qua non to the validity and enforcement of the sale. For in fact, said agreement was made for the benefit of another person and that person therefore is the real party in interest who can assert such right, granting arguendo that such right of action has not been extinguished, based on the deed of sale.

Disclaimer

The articles in this blog are the writer's own opinion, views or report of facts, AND SHOULD NOT SUBSTITUTE for official documents or issuances, or the advice of an independent and competent legal counsel. We do not warrant the accuracy and suitability of these articles for whatever purpose you may have in copying them. Thank you.

Privacy Policy

This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you accept the practices described here.

Collection of Information
We collect personally identifiable information, like names, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request, unless you give us permission to use it in another manner, for example, to add you to one of our mailing lists.

Cookie/Tracking Technology
Our site may use cookies and tracking technology which are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the Site. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Third parties such as our advertisers may also use cookies to collect information in the course of serving ads to you. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.

Distribution of Information
We do not share your personally identifiable information to any third party for marketing purposes. However, we may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place.

Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized staff of this site (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

Privacy Contact Information
If you have any questions, concerns, or comments about our privacy policy you may contact us by email at barops@gmail.com.

We reserve the right to make changes to this policy. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.